1)

What is the difference between "Lo Yachlifenu" and "Lo Yamir oso"?

1.

Temurah, 9a: "Lo Yachlifenu" is a prohibition against exchanging a Hekdesh with an animal belonging to somebody else, and "Lo Yamir oso", against exchanging it for an animal belonging to oneself. 1


1

See Torah Temimah, note 37 & 39.

2)

What are the implications of the word "ve'Lo Yamir Oso"?

1.

Bartenura (in MishnahTemurah, 5:6): It implies that Temurah is only valid if one specifies 'Zu Tachas Zu', but not if he declares 'Zu Tachas Chatas' or 'Zu Tachas Olah'.

3)

What is the meaning of "Tov be'Ra O Ra be'Tov"?

1.

Rashi and Targum Yonasan : It means that one may not swap an animal without a blemish for a blemished one, 1 or vice-versa.


1

Temurah, 9a: Which became blemished after it became Hekdesh. See Torah Temimah, note 42.

4)

What will be the Din regarding exchanging Tov be?Tov or Ra be?Ra?

1.

Rashi: If Tov be?Ra and Ra be?Tov is forbidden, Kal va?Chomer Tov be?Tov and Ra be?Ra. 1


1

See Sifsei Chachamim.

5)

What is the significance of the fact that "Lo Yachlifenu ve'Lo Yamir" are written in the singular?

1.

Temurah, 13a: It implies that only a Yachid can declare a Temurah, but not partners or a Tzibur. 1


1

Rambam, in Hilchos Temurah, 1:1: Though if one of the partners does declare a Temurah on his shared Hekdesh animal, he receives Malkos. See Torah Temimah, note 38.

6)

What is "ve'Im Hamir Yamir" coming to include?

1.

Temurah, 2a & b: "ve'Im" includes a woman, 1 and "Hamir Yamir", an heir - on the Hekdesh animal that he inherited. 2


1

See Torah Temimah, note 44.

2

See Torah Temimah, note 45.

7)

Why does the Torah insert the (otherwise superfluous) word "ve'Im Hamer ... Beheimah <i>bi'Veheimah"?

1.

Temurah, 13a: To preclude birds of 1 Kodshim and Menachos from the realm of Temurah


1

See Torah Temimah, note 46.

8)

What are the implications of "ve'Im Hamer ... Beheimah bi'Veheimah"?

1.

Temurah, 9a: It implies a. that the Temurah of a sheep on a bull and vice-versa; a sheep on a goat and vice-versa, and of a male animal on a female animal and vice-versa, takes effect, and b. that, if one declares one animal a Temurah for many Hekdesh animals or vice-versa, 1 the Temurah is valid. 2

2.

Sifra: It precludes a. a fetus from becoming a Temurah for a Hekdesh animal or vice-versa; b. a fetus becoming a Temurah for a limb of a Hekdesh animal, 3 or vice-versa; c. a limb becoming a Temurah for whole animals, or vice-versa. 4


1

If one declares them Temurah one after the other, he receives Malkos for each one. See Torah Temimah, citing Temurah 9a and note 53.

2

See Torah Temimah, note 48.

3

See Torah Temimah, note 49.

4

See Torah Temimah, note 50.

9)

Is the Hekdesh animal belonging to a Nochri subject to Temurah?

1.

1 Refer to 27:2:151:1**.


1

See Torah Temimah, note 40 with regard to whether a Nochri can declare a Temurah on an animal that he declares Hekdesh on behalf of a Yisrael.

10)

Why does the Torah insert the (otherwise superfluous) word "Vehayah hu u'Temuraso Yih'yeh Kodesh"?

1.

Temurah, 13a: It teaches us that the initial Hekdesh animal can make a Temurah, but not the baby of the Hekdesh animal or its Temurah 1 .


1

See Torah Temimah, note 54.

11)

What is the significance of the comparison of the original Hekdesh animal and the Temurah?

1.

Temurah, 7b: To preclude the Kohen from declaring a Temurah on a B'chor that he receives from a Yisrael - since the Yisrael is the original owner. 1


1

See Torah Temimah, note 52.

12)

What are the implications of the word "Yih'yeh <i>Kodesh"?

1.

Temurah, 17a: It implies that the Temurah is Kodesh even be'Shogeg - where he meant to say 'Temuras Olah' na he erred and said 'Temuras Shelamim'. 1


1

See Torah Temimah, note 55.

13)

Granted, the Torah must forbid swapping a Ba'al-Mum for a Tam. But why does it need to forbid the reverse?

1.

Temurah 9a: "Tov" is repeated to limit Temurah to where it was initially without a blemish - to preclude an animal that was initially a Ba'al-Mum, which cannot make aTemurah after it has been redeemed. 1


1

See Torah Temimah, note 42.

14)

Why did the Torah not write simply 'Lo Yamir oso be'Tov O Ra'?

1.

Riva (in Pasuk 3) and Moshav Zekenim: It needs to write "Ra" twice, to teach us that a Ba'al-Mum can make a Temurah (provided it was a Tam when it was declared Hekdesh), and that a Ba'al-Mum become Kadosh through Temurah (to forbid shearing or working with it).

2.

Refer to 27:10:151:1.

15)

Bearing in mind that the Torah writes "Lo Yachalifenu ve'Lo Yamir", how many Malkos does a person who transgresses receive?

1.

Temurah 4b: He receives only one set of (thirty-nine) Malkos, because the La'av is 'Nitak la'Asei' (connected to the Asei of "Vehayah hu u'Semuraso Yih'yeh Kodesh") - which exempts his from one set of Malkos.

2.

Moshav Zekenim 1 : There is only one La'av - and the Torah is merely presenting the different expressions of Temurah.


1

Presumably, the Moshav Zekenim gave a different answer than the Gemara (See answer #1) because he had the text of the Shitah Mekubetzes there, which does not state that the Asei exempts from Malkos for one of the La'avin (PF).

QUESTIONS ON RASHI

16)

Rashi writes that all the more so, Tov be'Tov and Ra be'Ra are forbidden. But we cannot punish based on a Kal va'Chomer?

1.

Riva (in Pasuk 3): Rashi only said that it is forbidden due to a Kal va'Chomer. He did not say that it is subject to Malkos.

2.

Moshav Zekenim: We can explain the Pasuk to prohibit [also] Tov be'Tov and Ra be'Ra - by explaining that the first "Tov" limits Temurah to when it was initially Tov. 1


1

Refer to 27:10:151:1.

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